Article 207. Documentation attached to the notification (petition) to the antimonopoly authority on the completed (planned) economic concentration of the Entrepreneurial Code of the Republic of Kazakhstan
1. The list of documents and information required for sending (filing) a notification (petition) to the antimonopoly authority on the completed (planned) economic concentration provided for in subparagraph 4) paragraph 1 of Article 201 of this Code:
1) a copy of the agreement (draft agreement), certified (certified) by a legal entity, or another document confirming the completion (intention to complete) the transaction (transaction);
2) for the acquirer and for each market entity that is part of the same group of persons as the acquirer, the following shall be indicated:
for an individual – the details of his identity document, information about citizenship, as well as place of residence and legal address;
name, legal and actual addresses;
the size of the authorized capital and the share of participation;
types of shares;
the volume of production and sale, export and import to the Republic of Kazakhstan of goods similar to goods or interchangeable goods produced or sold by a market entity in respect of which the actions provided for in subparagraph 4 are performed) paragraph 1 of Article 201 of this Code;
3) a list of members of the executive body, the board of directors (supervisory board), indicating the position, who are also members of the executive body, the board of directors (supervisory board) of other market entities;
4) the volume of production and sale, export and import of goods to the Republic of Kazakhstan of the market entity in respect of which the actions provided for in subparagraph 4 are performed) paragraph 1 of Article 201 of this Code;
5) the volume of production and sale, export and import to the Republic of Kazakhstan of the same or interchangeable goods produced or sold by market entities under the direct or indirect control of the market entity in respect of which the actions provided for in subparagraph 4) paragraph 1 of Article 201 of this Code.
6) excluded by the Law of the Republic of Kazakhstan dated 06/29/2020 No. 352-VI (effective after ten calendar days after the date of its first official publication); 7) excluded by the Law of the Republic of Kazakhstan dated 06/29/2020 No. 352-VI (effective after ten calendar days after the date of its first official publication).
2. The list of documents and information required for sending (filing) a notification (petition) to the antimonopoly authority on the completed (planned) economic concentration provided for in subparagraph 5) of paragraph 1 of Article 201 of this Code:
1) information about an individual whose participation is expected in the executive bodies, boards of directors, supervisory boards and other management bodies of two or more market entities:
the data of the identity document, information about citizenship, place of work, position held, allowing to determine the conditions for conducting business in these entities, indicating the authority;
the list of legal entities in which the person sending (submitting) the notification (petition) defines the conditions for conducting business with the indication of authority;
2) the name of the legal entity (group of persons) and the governing body to which the person sending (submitting) the notification (petition) is appointed or elected;
3) the name of the position in the market entities, in the executive bodies, boards of directors, supervisory boards and other governing bodies of which the person sending (submitting) the notification (petition) is planned to enter;
4) a list of rights that allow the person sending (submitting) the notification (petition) to determine the conditions for conducting business in market entities, executive bodies, boards of directors, supervisory boards and other governing bodies of which this person is planned to join;
5) for each market entity and group of persons in which the person sending (submitting) the notification (petition) determines the conditions for conducting business, the following shall be indicated:
name of the market entity, legal and actual addresses;
the volume of production, sale, export and import of goods to the Republic of Kazakhstan;
6) for the market entity in which the person sending (submitting) the notification (petition) is planned to participate, as well as for the group of persons to which this person belongs, the following shall be indicated:
name of the market entity, legal and actual addresses;
the volume of production, sale, export and import of the same or interchangeable goods to the Republic of Kazakhstan, produced and sold by a market entity and a group of persons in which the person sending (submitting) the notification (petition) determines the conditions for conducting business.
The footnote. Article 207 as amended by the Law of the Republic of Kazakhstan dated 06/29/2020 No. 352-VI (effective ten calendar days after the date of its first official publication).
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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